G C BHARUKA MANJULA CHELLUR Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THE writ petitioner in W,p. No. 41542 of 1999 has preferred this appeal against the order of the learned Single Judge dated 24-11-1999, by which he has dismissed the said writ petition.

(2.) THE controversy raised in the present appeal is in respect of land measuring 2 acres 38 guntas in Sy. No. 80/8 of Chitranayakanahalli, thalaku Hobli, Ghallakere Taluk. Admittedly, this land was granted to one Thippaiah S/o. Mallaiah, who belonged to Adi Karnataka caste, which is a Scheduled Caste. The grant was made in the year 1963 with the condition that it shall not be alienated for a period of 15 years from the date of grant.

(3.) UNDER registered sale deed dated 29-10-1987, the appellant purchased he above said land and consequently came in possession of the same. It is not in dispute that the land in question was sold by the grantee to the appellant without seeking previous permission of the government as required under Section 4 (2) of the Karnataka Scheduled castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands)Act, 1978 (in short, the 'act') which had already come into force with effect from 5-1-1979.